Beautiful Virgin Islands

Wednesday, Oct 22, 2025

AG’s permission needed for an injunction against CoI lawyers- Judge to Hon Willock

AG’s permission needed for an injunction against CoI lawyers- Judge to Hon Willock

Commercial Court Judge [Ag] Mr Adrian Jack said whether a criminal offence was committed or not, or it is in the interest of the people of the Virgin Islands, Speaker of the House of Assembly Honourable Julian Willock must first have the permission of the Attorney General Honourable Dawn J. Smith to file an injunction against three of the Commission of Inquiry (CoI) lawyers.

The injunction was filed by Honourable Willock, and it is against lawyers Mr Bilal M. Rawat, Mr Andrew King and Ms Rhea Harrikissoon, who have been practicing law without being first called to the BVI Bar, to be prevented from practicing unless they are called to the Bar.

“The permission of the Attorney-General is required for a claimant to bring such proceedings. That is a discretionary matter for the Attorney-General” the Judge asserted.

“It will be seen that practising BVI law in this Territory without being admitted to practice is a criminal offence with stiff minimum sentences. Whether a criminal offence has been committed and whether it is in the public interest for the offence to be prosecuted is normally a matter for the Director of Public Prosecutions and the Attorney-General.”

The Judge said, this claim in question appears to raise no private law cause of action on Mr Willock’s part, instead, he appears to be bringing the claim as part of his public duties as speaker of the House of Assembly.

“The papers filed to date do not, however, identify any statutory basis on which he might be acting. (In England, for example, local authorities can bring injunction proceedings of this type, but this is specifically permitted by statute.) There is no general power of public authorities to obtain such injunctions. So far as appears from the papers, Mr Willock has not yet requested the Attorney-General’s permission to bring the current proceedings. That is a matter which will need to be addressed at the hearing of the application on 2nd September. It is arguable that unless and until the Attorney-General gives permission Mr Willock has no standing to seek an injunction,” the judge argued.

Changes needed


Meanwhile, the judge said, Hon Willock’s language on the claim form needed to be changed.

“In both the amended claim form, the various applications and the three affidavits which Mr Willock has sworn, he refers to the Commission of Inquiry as “the Inquisition”. This in my judgment is inappropriate. Mr Willock no doubt has strong views on the legitimacy of the inquiry. The Court, however, requires parties before it to behave with civility to each other.

The Court will not tolerate abusive language of any description. Describing the Commission of Inquiry as an inquisition does not meet this standard.”

Judge Jack also said, the implied comparison of Sir Gary R. Hickinbottom with the late Tomás de Torquemada, was also not appropriate.

Tomas de Torquemada was the first grand inquisitor in Spain’s movement in the late 15th century who was responsible for the death of thousands of Jews and suspected witches during the Spanish Inquisition.

“The Court will not entertain political point scoring by litigants before it. Accordingly, I shall give permission to the claimant by 4 pm on 1st September 2021 to amend his claim form and applications so as to substitute “commission” in place of “inquisition.”

In default of the above amendment, the claim will be stuck out.

“I shall also strike out the claimant’s three affidavits but permit him by the same time to re-swear and file them on the e-Litigation Portal, but with the amendment which I have stated. Because this order is made ex parte, the claimant has the right to apply to the Court to vary or discharge this order,” he remarked.

Fmr Deputy Judge sides with Speaker


Hon Willock and Deputy Speaker Hon. Neville Smith (AL) are objecting to the three lawyers to apply to be called to the VI Bar, having already breached the Legal Profession Act of 2015.

Queens Counsel and former Deputy Judge of the Eastern Caribbean Supreme Court, Mr Michael J. Fay has sided with Mr Willock's position- that the CoI lawyers are in violation of the Legal Profession Act.

Mr Fay also believes the lawyers should not be allowed to continue doing legal work in the VI.

Additionally, Mr Fay has pointed out that breach of the Legal Profession Act could result in criminal charges being laid.


Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Apple Challenges EU Digital Markets Act Crackdown in Landmark Court Battle
Nicolas Sarkozy begins five-year prison term at La Santé in Paris
Japan stocks surge to record as Sanae Takaichi becomes Prime Minister
This Is How the 'Heist of the Century' Was Carried Out at the Louvre in Seven Minutes: France Humiliated as Crown with 2,000 Diamonds Vanishes
China Warns UK of ‘Consequences’ After Delay to London Embassy Approval
France’s Wealthy Shift Billions to Luxembourg and Switzerland Amid Tax and Political Turmoil
"Sniper Position": Observation Post Targeting 'Air Force One' Found Before Trump’s Arrival in Florida
Shouting Match at the White House: 'Trump Cursed, Threw Maps, and Told Zelensky – "Putin Will Destroy You"'
Windows’ Own ‘Siri’ Has Arrived: You Can Now Talk to Your Computer
Thailand and Singapore Investigate Cambodian-Based Prince Group as U.S. and U.K. Sanctions Unfold
‘No Kings’ Protests Inflate Numbers — But History Shows Nations Collapse Without Strong Executive Power
Chinese Tech Giants Halt Stablecoin Launches After Beijing’s Regulatory Intervention
Manhattan Jury Holds BNP Paribas Liable for Enabling Sudanese Government Abuses
Trump Orders Immediate Release of Former Congressman George Santos After Commuting Prison Sentence
S&P Downgrades France’s Credit Rating, Citing Soaring Debt and Political Instability
Ofcom Rules BBC’s Gaza Documentary ‘Materially Misleading’ Over Narrator’s Hamas Ties
Diane Keaton’s Cause of Death Revealed as Pneumonia, Family Confirms
Former Lostprophets Frontman Ian Watkins Stabbed to Death in British Prison
"The Tsunami Is Coming, and It’s Massive": The World’s Richest Man Unveils a New AI Vision
Outsider, Heroine, Trailblazer: Diane Keaton Was Always a Little Strange — and Forever One of a Kind
Dramatic Development in the Death of 'Mango' Founder: Billionaire's Son Suspected of Murder
Two Years of Darkness: The Harrowing Testimonies of Israeli Hostages Emerging From Gaza Captivity
EU Moves to Use Frozen Russian Assets to Buy U.S. Weapons for Ukraine
Europe Emerges as the Biggest Casualty in U.S.-China Rare Earth Rivalry
HSBC Confronts Strategic Crossroads as NAB Seeks Only Retail Arm in Australia Exit
U.S. Chamber Sues Trump Over $100,000 H-1B Visa Fee
Shenzhen Expo Spotlights China’s Quantum Step in Semiconductor Self-Reliance
China Accelerates to the Forefront in Global Nuclear Fusion Race
Yachts, Private Jets, and a Picasso Painting: Exposed as 'One of the Largest Frauds in History'
Australia’s Wedgetail Spies Aid NATO Response as Russian MiGs Breach Estonian Airspace
McGowan Urges Chalmers to Cut Spending Over Tax Hike to Close $20 Billion Budget Gap
Victoria Orders Review of Transgender Prison Placement Amid Safety Concerns for Female Inmates
U.S. Treasury Mobilises New $20 Billion Debt Facility to Stabilise Argentina
French Business Leaders Decry Budget as Macron’s Pro-Enterprise Promise Undermined
Trump Claims Modi Pledged India Would End Russian Oil Imports Amid U.S. Tariff Pressure
Surging AI Startup Valuations Fuel Bubble Concerns Among Top Investors
Australian Punter Archie Wilson Tears Up During Nebraska Press Conference, Sparking Conversation on Male Vulnerability
Australia Confirms U.S. Access to Upgraded Submarine Shipyard Under AUKUS Deal
“Firepower” Promised for Ukraine as NATO Ministers Meet — But U.S. Tomahawks Remain Undecided
Brands Confront New Dilemma as Extremists Adopt Fashion Labels
The Sydney Sweeney and Jeans Storm: “The Outcome Surpassed Our Wildest Dreams”
Erika Kirk Delivers Moving Tribute at White House as Trump Awards Charlie Presidential Medal of Freedom
British Food Influencer ‘Big John’ Detained in Australia After Visa Dispute
ScamBodia: The Chinese Fraud Empire Shielded by Cambodia’s Ruling Elite
French PM Suspends Macron’s Pension Reform Until After 2027 in Bid to Stabilize Government
Orange, Bouygues and Free Make €17 Billion Bid for Drahi’s Altice France Telecom Assets
Dutch Government Seizes Chipmaker After U.S. Presses for Removal of Chinese CEO
Bessent Accuses China of Dragging Down Global Economy Amid New Trade Curbs
U.S. Revokes Visas of Foreign Nationals Who ‘Celebrated’ Charlie Kirk’s Assassination
AI and Cybersecurity at Forefront as GITEX Global 2025 Kicks Off in Dubai
×